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Rift Valley Railways (Kenya) Ltd v. Hawkins Wagunza Musonye & Desidery Tyson Otieno

(2016) JELR 94979 (CA)

Court of Appeal  •  Civil Appeal 39 & 40 of 2016  •  30 Sep 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Hawkins Wagunza Musonye and Desidery Tyson Otieno, the respondents in this appeal, consolidating Civil Appeal Nos. 39 and 40 of 2016, were employees of Rift Valley Railways (K) Ltd, the appellant until 12th November, 2009 and 15th January, 2010, respectively when their services were terminated.

It is common ground that after that termination the parties engaged in some negotiations which culminated in the appellant making a proposal for payment of Kshs.63,000 in respect of Desidery Tyson Otieno Onyango and Kshs.65,000 for Hawkins Wagunza Musonye in final settlement and discharge vouchers on those terms issued. Those negotiations however fell through in July 2014 by which time the three years limitation period fixed under section 90 of the Employment Act for commencing civil action based or arising under the Act had expired. In their wisdom the respondents applied to the Employment and Labour Relations Court for leave to enlarge time within which they could bring th…

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